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Colville Tribal Law and Order Code

2001 edition with 2002, 2003 and 2004 supplements



TITLE 8 - ENROLLMENT, REFERENDUMS AND ELECTIONS


CHAPTER 8-1 MEMBERSHIP

CHAPTER 8-2 PROCEDURES FOR PROPOSING CONSTITUTIONAL AMENDMENTS BY PETITION
CHAPTER 8-3 ELECTIONS
CHAPTER 8-4 REFERENDUMS


CHAPTER 8-1 MEMBERSHIP

PREAMBLE

8-1-1 Findings

The Colville Tribal Constitution provides for the terms upon which membership in the Confederated Tribes of the Colville Reservation (hereinafter Tribes) will be granted, forfeited, or denied, and empowers the Colville Business Council to regulate tribal membership. Accordingly, the Colville Business Council finds it in the best interest of all members and potential members to provide specific written rules and regulations governing the procedure to be used in determining membership.


8-1-2 Burden of Proof and Standard of Proof

The burden of proof shall be upon the Applicant to establish all elements of the Applicant's entitlement to enrollment or entitlement to a correction of blood degree under the Tribal Constitution and rules and regulations of this Chapter, unless otherwise specifically stated herein. Any matters required to be proved under this Chapter unless otherwise specifically stated, must be proved to the satisfaction of the Tribal Court, Enrollment Committee or the Council, as provided herein, by clear and convincing evidence.


DEFINITIONS

8-1-30 Definitions

(a) "Adoption" means admission to membership in the Tribes by the procedure for adoption in the Tribes set out below.

(b) "Basic Enrollee" means an enrolled member of the Tribes whose name appears as an enrolled member on the official tribal roll dated January 1, 1937; not including those listed as enrolled for "land only".

(c) "Blood of the Tribes and bands which constitute the Tribes," "Colville Blood," or "Colville Indian Blood," means the Colville Indian blood as defined by Amendment V and Amendment IX to the Constitution of the Confederated Tribes of the Colville Reservation.

(d) "Applicant" means any person who has applied formally for membership in the Tribes prior to approval or denial of the application.

(e) "Chief Enrollment Officer" means the person employed by the Tribes to direct the operations of the Tribal Enrollment Office.

(f) "Committee" means the Enrollment Committee of the Colville Business Council.

(g) "Council" means the Business Council of the Tribes.

(h) "Court" means the Tribal Court of the Confederated Tribes of the Colville Reservation.

(i) "Days" means all calendar days. However, when any deadline date established by this Chapter falls on a Saturday, Sunday or any day designated a legal holiday by federal or tribal law or by tribal administrative action, the deadline date shall be extended to the next tribal work day following the Saturday, Sunday or holiday.

(j) "Enrollment" means admission to membership in the Tribes by the procedure for enrollment set out below.

(k) "Parent" means the natural or biological parent.

(l) "Permanent Residence" means the true, fixed, permanent home to which one has intention of return whenever absent therefrom. Minors shall be considered to reside with any parent who is a member of the Tribes.

(m) "Person" means any human being of any age or sex whether or not an enrolled member of the Tribes.

(n) "Relevant Data Form" means a form drafted by and available from the Colville Tribal Enrollment Office which shall request from applicants for membership in the Tribes important information about the applicant and the applicant's heritage upon which decisions regarding the applicant's eligibility for membership or desirability as a member may be based. The Relevant Data Form shall not be considered to define all acceptable or relevant data regarding membership which may be considered in making decisions under this Chapter.

(o) "Reservation" means all lands within the jurisdiction of the Tribes.

(p) "Roll" means the January 1, 1937, census roll of the Tribes as kept and updated by the Colville Tribal Enrollment Office.

(q) "Secretary" means the Secretary of the Interior of the United States or a duly authorized representative.

(r) "Tribal Member" or "Member" means any person who is a duly enrolled member of the Tribes, unless the context clearly indicates otherwise.

(s) "Tribes" or "Confederated Tribes" means the Confederated Tribes of the Colville Reservation.

(t) "Executive Department" means the Colville Tribal Enrollment Office, Colville Tribal Prosecutor, or other operating department of the Tribes.

(Amended 9/6/01, Resolution 2001-494)


MEMBERSHIP

8-1-80 Membership

The membership of the Tribes for all tribal programs shall be composed of all persons on the roll of the Tribes on the date of the approval of this Chapter by the Secretary of the Interior and:

(a) Blood degree, parental enrollment, parental residence on reservation: All applicants who can show pursuant to the rules and standards set out in this Chapter:

(1) that the applicant possesses at least one-fourth (1/4) degree of the blood of the tribes and bands which constitute the Tribes; and

(2) that at least one parent of the applicant was or is an enrolled member of the Tribes at the time of the applicant birth; and

(3) that the parent of the applicant maintained a permanent residence on the Colville Indian Reservation at the time of the applicant's birth.

(b) Blood degree, parental enrollment, residence in Continental United States, written application: All applicants who can show pursuant to the rules and standards set out in this Chapter:

(1) that the applicant's heritage and parentage fully conforms to the requirements of sections 8-1-80(a), subparts (1) and (2) above; and

(2) that their parent or guardian of the applicant, at the time of the applicant's birth maintained a permanent residence in the Continental United States; and

(3) that the applicant or the applicant's guardian, within six (6) months of the birth of the applicant, has submitted to the Tribes a written application for enrollment including a copy of the applicant's birth certificate and other evidence of eligibility for enrollment.

(c) Any person who can show pursuant to the rules and standards set out in this Chapter:

That his or her heritage and parentage fully conforms to the requirement of section 8-1-80(a), subpart (1) above; and is approved for Adoption into membership in the Tribes by a two-thirds (2/3) majority of all members of the Colville Business Council voting at a regular or special, open session of the Council.

(Amended 9/6/01, Resolution 2001-494)


8-1-81
Enrolled Member of Another Tribe

No person who is an enrolled member of any other Indian Tribe or band, foreign or domestic, recognized by a national government may be enrolled or adopted into the Tribes. Neither the Enrollment Committee nor Business Council shall consider the application for membership in the Tribes of any person who is an enrolled member of another tribe or band, until the Enrollment Department has received a resolution (or other official document from such tribe or band if it does not utilize a resolution to approve relinquishment) from such person's tribe or band that such tribe or band has approved such person's relinquishment of membership in that tribe or band. Such relinquishment shall not be deficient if it is made contingent by the approving tribe or band on approval of enrollment with the Tribes. The Enrollment Department shall include an explanation of this requirement in the membership application materials provided to each applicant, and shall obtain the signature of every applicant, who is a member of another tribe, on a form acknowledging the applicant's understanding of this requirement.

(10/12/95, Resolution 1995-683)


8-1-82
Membership Rights

There shall be no distinction as to the tribal rights of persons placed on the Colville Tribal Roll under sections 8-1-80(a), (b), and (c) above, after enrollment has been completed.


8-1-83
Blood Tests

Where the parents of an applicant were not married at the time of the birth of the applicant, the Enrollment Office or the Enrollment Committee may require appropriate blood tests or court decrees in order to make a determination regarding the identity of the natural parents of the applicant.


8-1-84
Petition of Court

The Enrollment Office or the Enrollment Committee may petition any court to obtain information necessary to make decisions they are required to make under this Chapter.


8-1-85
Membership Roll Information Process for Authorization

All agencies and offices in possession of the Colville Tribal membership roll shall be officially notified that copies of such roll are not to be given to anyone without the written authorization of the Colville Business Council.

(Adopted 4/8/76, Resolution 1976-203)


ENROLLMENT PROCEDURE

8-1-120 Enrollment Procedure

All enrollments into the Tribes shall take place under the provisions of this section.


8-1-121
Approval, Denial, No Money Damages

All persons who prove under the rules and standards set out in this Chapter that they meet all qualifications for enrollment shall have a right to enroll in the Tribes. An applicant denied the right to enroll shall not, under any circumstances, be compensable in money damages against the Tribes, its employees or officers.


8-1-122 Application for Enrollment

Applicants attempting to enroll shall file a short written Application For Enrollment with the Tribes which Application shall contain relevant evidence and documentation showing that the person is entitled to enrollment in the Tribes. The Tribal Enrollment Office shall make every effort to assist applicants in filling out the Application for Enrollment and the Enrollment Office shall record the date of first contact with applicants, whether that contact is by telephone, personal appearance or letter, as the date of filing the Application for Enrollment.


8-1-123 Relevant Data Form to Accompany Application for Enrollment

Within thirty (30) days of the receipt of an Application for Enrollment, the Tribes shall send by registered mail to the person filing the application, at his or her last known address, a comprehensive list of the kinds of evidence and data utilized by the Tribes to make decisions on enrollment and a completed Relevant Data Form with a place on the form for the person's verified signature (or that of their parent or guardian if the applicant is a minor or incompetent), stating that the applicant has supplied all relevant data that he or she intends to submit to the Tribes on the issue of the applicant's enrollment. Review of an enrollment application shall not begin until the Application for Enrollment and the verified, completed Relevant Data Form have been returned to the Tribes.


8-1-124 Determination Procedure of the Executive Department

Within one hundred twenty (120) days of the filing of the completed Relevant Data Form with the Tribes, the Executive Department of the Tribes shall make a formal, written recommendation of enrollment or recommendation of denial of enrollment, along with written reasons, to the Enrollment Committee. A copy of the written recommendation of enrollment or recommendation of denial of enrollment shall be sent to the person applying for enrollment at his or her last known address at the same time the recommendation is sent to the Enrollment Committee.


8-1-125
Determination Procedure of the Enrollment Committee

(a) The Enrollment Committee shall, within sixty (60) days of the filing with the Enrollment Committee of the written recommendation of the Executive Department, approve or disapprove the recommendation, in writing, by majority vote of the Enrollment Committee and convey notice of approval or disapproval to the applicant.

(b) A failure by the Enrollment Committee to act within sixty (60) days of the filing of a recommendation from the Executive Department shall cause the Executive Department's recommendation to become final for the Tribes on the sixty-first (61) day after receipt of the recommendation by the Enrollment Committee.

(c) A vote by a majority of the Enrollment Committee in favor of the recommendation of the Executive Department by the Enrollment Committee shall cause the recommendation to become final for the Tribes on the date of the vote.

(d) A vote by a majority of the Enrollment Committee against a recommendation by the Executive Department to permit enrollment of an Applicant shall cause at the direction of the Enrollment Committee either:

(1) The applicant to be finally denied enrollment on the date of the Enrollment Committee vote; or

(2) The recommendation of the Executive Department to be returned to the Executive Department for no more than thirty (30) days for further review.

(e) If a recommendation is returned for further review, a second recommendation shall, on or before the thirtieth (30) day after the return, be sent back to the Enrollment Committee in accordance with the applicable portion of section 8-1-124 above. Upon filing of the recommendation for the second time with the Enrollment Committee, the Enrollment Committee shall vote either to permit enrollment or to finally deny enrollment; and the failure to conduct such a vote within sixty (60) days on the second recommendation of the Executive Department, or a vote to return the second recommendation to the Executive Department, shall be considered a failure to act as in section 8-1-125 above.

(f) A vote by the Enrollment Committee against a recommendation by the Executive Department to deny enrollment to an Applicant shall cause, at the direction of the Enrollment Committee:

(1) The enrollment to be finally permitted on the day of the vote; or

(2) The recommendation to be returned to the Executive Department for no more than thirty (30) days for further review.

(g) If a recommendation is returned to the Executive Department for further review, it shall, on or before the thirtieth (30) day after its return, be sent back to the Enrollment Committee with recommendations in accordance with the applicable portion of section 8-1-124 above. Upon filing of the recommendation for the second time with the Enrollment Committee, the Committee shall vote either to permit enrollment or to deny enrollment. A failure to vote within sixty (60) days on the second recommendation or a vote to return the second recommendation to the Executive Department shall be considered a failure to act as in section 8-1-125(b) above.

(h) A final denial of enrollment shall not be reopened by the Tribes without a showing that the Applicant denied enrollment has available for immediate presentation substantial, credible, new evidence. A decision by the Executive Department or the Enrollment Committee that substantial, credible, new evidence does not exist to reopen an enrollment, shall be appealable only on that specific issue under the Subchapter on Appeals under this Chapter.


8-1-126
Final Decision, Tribal Rights, Appeals, Per Capita Payments

The decision of the Enrollment Committee shall be final for the Tribes and a person admitted to membership by vote of the Enrollment Committee, or by operation of this Chapter, shall be entitled to exercise tribal rights on the date of favorable enrollment action by the Committee or by operation of this Chapter. Persons denied enrollment shall be permitted to appeal as provided below. Persons obtaining membership in the Tribes by enrollment shall be entitled to receive per capita payments, if any were made, from the date that the completed Relevant Data Form was filed with the Tribes.


ADOPTION PROCEDURE

8-1-160 Adoption Procedure

All adoptions into the Tribes shall take place under this Subchapter.


8-1-161 Decisions are Discretionary

Adoption shall be granted or denied at the absolute discretion of the Tribes and is not a right. Decisions not to adopt shall not be appealable to any Court and the willful or negligent denial of an adoption shall not under any circumstances be compensable in money damages or remediable by injunction against the Tribes, its employees or officers.


8-1-162 Petition for Adoption

Any person considering himself or herself eligible to be considered for adoption into the Tribes under section 8-1-80(c) above, may file with the Executive Department of the Tribes a Petition for Adoption. The petition shall show Colville blood degree and other Indian blood and any other information the person believes is relevant to obtaining a favorable recommendation of adoption. The Colville Business Council shall set no standards for adoption and adoption shall remain discretionary with the Tribes. Persons who do not meet the requirements for adoption set out in the Constitution of the Confederated Tribes of the Colville Reservation shall not be considered for adoption.


8-1-163 Adoption—Determination Procedure of the Executive Department

Within one hundred eighty (180) days after the receipt of the Petition for Adoption with the Tribes the Executive Department of the Tribes shall make a formal, written, recommendation of adoption or recommendation of denial of adoption, along with written reasons and evidence supporting its recommendations to the Enrollment Committee. A copy of the written recommendation of adoption or recommendation of denial of adoption shall be sent to the person applying for adoption at his or her last known address at the same time the recommendation is sent to the Enrollment Committee.


8-1-164 Adoption—Determination Procedure of the Enrollment Committee

The Enrollment Committee shall, within sixty (60) days of the receipt of the written recommendation of the Executive Department, vote to recommend to the Business Council that the person be adopted, that the person not be adopted, or that no recommendation is made.

If the Enrollment Committee shall fail to vote any recommendation within sixty (60) days of the written recommendation of the Executive Department, the Petition for Adoption shall be presented to the Business Council with a Committee recommendation of "no recommendation" for or against adoption of the person filing the petition.


8-1-165 Final Decision, No Appeal

Adoption shall only be allowed when a two-thirds (2/3) majority vote of all members of the Business Council has approved the adoption at a regularly scheduled meeting of the Business Council. A failure to receive a two-thirds (2/3) majority vote shall mean the adoption is finally denied. Decisions of the Business Council shall be final and no appeal of any kind to any tribunal or other agency for any reason shall be allowed from a denial of adoption by the Business Council.


8-1-166 Adopted Member

An adopted member may begin exercising all tribal rights and will become eligible for subsequent per capita payments, if any are made, on the date of Business Council action approving the adoption.


8-1-167 Adoption Denied

Any person who is formally denied adoption by a vote of the Business Council shall not for any reason be permitted to file another valid petition for Adoption until three years from the date of the Business Council vote on the prior Petition for Adoption have passed.


APPEALS

8-1-200 Who May Appeal

(a) This section applies only in cases where:

(1) A person has applied for enrollment and has been denied by majority vote of the Enrollment Committee;

(2) A person has been disenrolled under this Chapter by majority vote of the Enrollment Committee; or

(3) A finding of no substantial new evidence to open an enrollment has been made.

(b) No appeal of decisions regarding adoption shall be allowed.


8-1-201 Tribal Court Jurisdiction—Limited Waiver of Sovereign Immunity

The Tribal Court of the Confederated Tribes shall have exclusive jurisdiction to hear all appeals of disenrollment or enrollment decisions in the manner set out in this Chapter. No jury shall be allowed in disenrollment or enrollment matters.

To the extent necessary for the hearing of appeals under this Chapter, and as limited by this Chapter, the Tribes hereby makes a limited waiver of its immunity from suit in the Colville Tribal Court for the purpose of hearing appeals from enrollment decisions of the Enrollment Committee and issuing judgment as provided in this Chapter.


8-1-202 Form of Procedure, Time Limit, Effect of Petition for Adoption

Appeals from disenrollments or denials of enrollment by the Enrollment Committee shall proceed in the Tribal Court pursuant to the sections of the Colville Tribal Code governing Civil Actions and Civil Rules of Court except where specifically provided in this Chapter. No appeal may be brought under this section unless it is filed within one (1) year of the decision of the Enrollment Committee to disenroll or deny enrollment. The fact that a person has petitioned for adoption at the same time as appeal from an enrollment or disenrollment decision is filed shall have no bearing whatsoever on appeals under this section.


8-1-203 Grounds for Appeal

The only grounds for appeal of an enrollment decision under this section shall be:

(a) That the decision of the Enrollment Committee is unsupported by the facts; or

(b) That the Enrollment Committee has by its actions violated the Constitution of the Confederated Tribes of the Colville Reservation.


8-1-204 Remedies

The only remedies which the Court may order in matters appealed under this section are injunctive requiring enrollment or re-enrollment.


8-1-205
Presumption

There shall be in all appeals under this Chapter a presumption, rebuttable by the appellant, that the Enrollment Committee has acted properly, consistent with the facts of the case, this Chapter, and the Constitution of the Confederated Tribes of the Colville Reservation.


8-1-206
Standard of Proof—Statutory Construction

Appellants shall have the burden of proving their case by clear and convincing evidence. The Court in ruling on an appeal shall strictly construe provisions of this Chapter.


8-1-207
Court Costs, Attorney Fees

If the Court rules against an appellant in any appeal under this Chapter, the appellant shall pay all court costs and the reasonable attorneys fees of the Tribes expended in defending against the appeal. If the Court rules for an appellee in any appeal under this section, each party shall bear his or her own expenses - unless there is a finding that the Tribes acted in bad faith in disenrolling or refusing to enroll.


8-1-208
Bad Faith

A finding by the Court that the Enrollment Office or the Enrollment Committee acted in bad faith under this Chapter shall permit the Tribal Court to order the Tribes to pay to persons denied due to the bad faith any Tribal per capita payment or payment derived from land or other claims, any such payments denied, plus a reasonable rate of interest.


BLOOD DEGREE CORRECTION

8-1-240 Blood Degree Corrections

The following procedure shall be used in making corrections (increases or decreases) of all blood degrees presently listed on the roll of the Tribes. This procedure is established to provide for a fair and unbiased examination of all blood degree corrections requested by the Tribes or by any other person.


8-1-241 Standing, Parties

The following entities shall have standing to file and prosecute a blood degree correction action:

(a) The Chairperson of the Enrollment Committee of the Tribes;

(b) The Chief Enrollment Officer of the Colville Confederated Tribes;

(c) Members of the Tribes who desire to have their own blood degree, as listed on the roll of the Tribes, corrected; provided that in this section "member" shall mean the natural person himself or herself, or the legal guardian of any minor or incompetent member, or the administrator or executor of the unprobated estate of a deceased member listed on the roll of the Tribes;

(d) Any person entitled to request a blood degree correction pursuant to Amendment Nine (IX) to the Constitution of the Confederated Tribes of the Colville Reservation.


8-1-242 Form of Action and Procedure

An action for blood degree correction shall be by civil complaint for blood degree correction in the Colville Tribal Court. The Tribal Code governing civil actions and Civil Rules of Court shall be applicable to this proceeding except as specifically provided in this Chapter.


8-1-243 Standard of Proof

In all actions for blood degree corrections the plaintiff shall be required to prove by clear and convincing evidence, that a blood degree other than that which is listed on the roll for the person whose blood degree is at issue, is the correct blood degree and what the precise blood degree to be listed on the roll should be. There shall be a presumption, rebuttable by the plaintiff, that the blood degree listed on the roll is correct.


8-1-244 Sovereign Immunity

The sovereign immunity of the Tribes shall not be a bar to suits for injunctive relief brought in the Colville Tribal Courts by parties having standing under this Chapter to bring actions for correction of blood degrees under the provisions of this Chapter. This waiver shall not apply to any other cause of action and shall not be a waiver of immunity from the award of money damages.


8-1-245 Jury Prohibited

Actions brought under this section shall be tried by the judge alone and no person shall have a right to trial by jury in an action brought to correct a blood degree.


8-1-246 Form of Judgment

Judgments in cases involving petitions for correction of blood degrees shall be issued in writing over the signature of the trial judge and shall be limited to declaratory judgments, injunctions, and awards of reasonable costs and representative fees, as set by the Court, to prevailing parties.


8-1-247 Effect of Judgment

Judgments in actions to correct blood degrees shall be binding on all parties to the action; provided that such judgments shall be admissible into evidence in all other actions to which they are relevant but shall not be determinative of any actions in which they are found relevant and admissible.


8-1-248 Jurisdiction

For purposes of all actions to correct blood degree the Colville Tribal Court will be considered to have jurisdiction over such actions pursuant to CTC section 2-1-1, as such section is now written or shall in the future be amended, in that the events giving rise to the action are deemed to have occurred within the tribal jurisdiction.


8-1-249 Appeals

Any party to an action to change a blood degree may appeal the judgment of the trial court pursuant to the Colville Tribal Code rules for civil appeals. Any appeal shall stay the judgment of the trial court until the completion of the appeal. A judgment on appeal shall be final. The prevailing party in an appeal of a judgment in a change of blood degree action shall be awarded costs of appeal and reasonable fees for representation.


DISENROLLMENT PROCEDURE

8-1-280 Disenrollment

All proceedings for disenrollment shall be pursuant to the provisions of this section.


8-1-281 Grounds for Disenrollment

No person shall be disenrolled from the Tribes except on the following grounds:

(a) The person legally belongs to or is duly enrolled in another governmentally recognized Indian tribe or band, domestic or foreign; or

(b) Enrollment of the person in the Tribes was procured by fraud; or

(c) Error; provided, that no person on the roll of the Tribes on the date of enactment of this Chapter may be disenrolled for error; and provided further that, no person shall be disenrolled for error if five (5) years have passed since the date of the person's enrollment.


8-1-282 Petition for Disenrollment

The Executive Department of the Tribes may file a written Petition for Disenrollment with the Enrollment Committee. The Petition shall state upon what grounds disenrollment is sought and a brief summary of the facts upon which the petition is based.


8-1-283 Service—Written Response

The Enrollment Committee shall cause the Petition to be served upon the person whose disenrollment is sought by registered mail or verified, personal service. The Enrollment Committee shall allow the person against whom the Petition is filed not less than sixty (60) days nor more than one hundred eighty (180) days to file a written response to the claims of the Executive Department.


8-1-284
Hearing—Time, Vote

The Enrollment Committee shall hold an open hearing not less than twenty (20) days nor more than sixty (60) days after the receipt of the response of the person whose disenrollment is sought to hear all evidence and decide by majority vote of the committee on disposition of the disenrollment petition.


8-1-285 Hearing—Standard of Proof, Counsel

At the hearing all relevant evidence, written or oral, shall be considered by the Committee. The Executive Department of the Tribes shall have the burden of proving by preponderance of the evidence that the Petition should be granted. The person whose disenrollment is sought may be represented by counsel of his or her own choosing at his or her own expense.


8-1-286 Decision of Disenrollment

A vote by the Enrollment Committee as to the disenrollment of a member shall be final and appealable only as provided in this Chapter.


RELINQUISHMENT

8-1-320 Relinquishment

A member of the Tribes may relinquish all rights as a tribal member pursuant to this section.


8-1-321
Request for Relinquishment

A member may relinquish all rights as a member of the Tribes by filing with the Enrollment Office a verified statement expressing a desire to relinquish all of the member's rights in the Tribes.


8-1-322 Resolution to Business Council

The Enrollment Office shall immediately convey the Request for Relinquishment to the Colville Business Council with an appropriate resolution permitting relinquishment of all rights and directing the Enrollment Office to remove the relinquished member from the roll. Approval of requests for relinquishment of all tribal rights shall be by majority vote of the Colville Business Council.


8-1-323 Relinquishment May be Contingent upon Enrollment in Another Tribe

Where the member requesting relinquishment of all tribal rights is intending to enroll in another Indian tribe, the member may request, and the resolution to allow relinquishment may state, that the member shall not be removed from the roll until the member has been enrolled in the tribe in which the member seeks membership.


8-1-324 Effect of Relinquishment

Any person who (after the effective date of the prohibition embodied in this sentence) has been removed from the roll through relinquishment shall thereafter be prohibited from membership in the Confederated Tribes of the Colville Reservation; provided, however, that, a person who, while such person was a minor or incompetent, has obtained relinquishment by the actions of a parent or guardian, shall not be prohibited by that relinquishment from seeking restoration of full tribal rights through adoption under this Chapter, upon such person's reaching the age of majority or regaining legal competence.

(Section 8-1-80 through 8-1-324 Amended 9/6/01, Resolution 2001-494)
(Adopted 10/12/95, Resolution 1995-683)
(Chapter 8-1 Adopted 7/7/88, Resolution 1988-362)
(Certified 10/13/88)



CHAPTER 8-2 PROCEDURES FOR PROPOSING CONSTITUTIONAL AMENDMENTS BY PETITION

8-2-1 Determination of Number of Eligible Voters

(a) In order to comply with the provisions of Tribal Constitutional Amendment VIII, it will be necessary at the time of each annual, tribal general election for the Colville Business Council to determine and publish the exact number of tribal members who, on the date of that general election are over the age of 18 years and were eligible to vote in that general election. One third (1/3) of the published number shall be the number of eligible voters whose authenticated, numbered and dated signature shall validate the properly written and filed petition to place a proposed constitutional amendment on the next general election ballot of the Colville Confederated Tribes, pursuant to Tribal Constitutional Amendment VIII.

(b) The Election Committee of the Colville Business Council shall, with the assistance of the tribal administrative officer in charge of conducting the annual tribal general election and the tribal enrollment officer of the Colville Confederated Tribes, determine and publish by written resolution, within forty-five (45) days of the date that final totals and results in the tribal general election are determined, the number of tribal members who were over the age of 18 years and eligible to vote in that tribal general election. This published number shall be used to qualify and validate petitions for proposed constitutional amendments filed at the next general election, pursuant to Amendment VIII of the Colville Tribal Constitution.


8-2-2 Validation of Signatures

(a) A signature placed on a valid petition page shall be valid unless the signature:

(1) Is not legible;

(2) Is not included on a petition page that conforms with the requirements for petitions set out in this statute;

(3) Is not dated or the date is not legible;

(4) Does not include a valid enrollment number or the enrollment number is not legible or the number is not the enrollment number of the signator;

(5) Is dated more than 180 days prior to the submission to the Business Council of the final valid petition page;

(6) Is of a person not enrolled in the Colville Confederated Tribes at the time the signature was placed upon the petition;

(7) Is dated less than ninety (90) days prior to the next general election.

(b) Individual signatures that are found to be invalid appearing in an otherwise valid petition page shall:

(1) Not be counted in the total necessary to validate the petition;

(2) Shall not invalidate any other valid signature(s) found on the same valid petition page.

(c) All signatures on an invalid petition page shall be considered invalid.

(d) The Tribal Enrollment Department or other persons appointed by the Election Committee of the Colville Business Council shall be responsible for the validation or invalidation of the signatures on any properly printed and submitted petition. Validation or invalidation of each signature shall be marked directly on the petition page where the signature appears. If the signature is not validated the reason(s) for invalidation shall be marked directly on the petition page where the signature appears.

(e) In the event that a tribal member's signature appears on a petition more than once, all but one of the signatures shall be stricken as invalid.

(f) Signatures on a petition page must be authenticated in the following manner:

The collector of signatures on each petition page shall appear before a notary or a clerk of the Colville Tribal Court and sign in the presence of the clerk or notary, on each sheet of the petition, a statement attesting under oath and penalty of perjury that the signatures were made on the petition page on the date shown and by the individuals whose names appear on the petition, and that to the best of his/her knowledge the signatories are eligible Colville tribal voters.

(g) Only an eligible Colville tribal voter shall be recognized as a valid collector of petition signatures and authenticator of petition pages by sworn statement.


8-2-3 Contests of Petition

(a) Words or statements required to be placed on a petition page by this statute shall be clearly typewritten or printed in clear, legible type. When words or statements required to be placed on each petition page by this statute are not present, or are faded, obscured, smeared, or otherwise illegible, that entire petition page shall be invalid and all signatures placed on such a petition page shall also be declared invalid and shall not be counted for the purposes of validating the petition. All signatures to be valid must appear on a petition page that conforms to the requirements of the statute. No separate signature sheets, whether attached to a valid petition page or not, shall be allowed, and shall be invalid. All signatures appearing on a separate signature shall not be counted for purposes of validating the petition.

(b) No petition page shall contain more than one proposed amendment.

(c) Each petition page upon which signatures of petitioners shall appear shall contain the following words, statements and spaces:

(1) At the top of the petition page shall appear the words:

"Petition to place before the voters of the Colville Confederated Tribes a referendum to amend the Constitution of the Colville Confederated Tribes."

(2) On the next line below (1) shall appear the words:

"Read before signing - Only Colville tribal members over the age of 18 years may sign."

(3) On the next lines below (2) shall appear the words:

"I petition the BUSINESS COUNCIL of the Colville Confederated Tribes to place on the ballot at the next tribal general election for ratification by the tribal membership the following proposed amendment to the Colville Tribal Constitution."

(4) On the next lines below (3) shall appear the precise and exact words of the proposed amendment as drafted by the proponents of the amendment. Petition pages, to be valid, must contain the exact same proposed amendment language as that printed on the first petition filed. No further statements regarding the meaning or interpretation of the proposed amendment shall appear on the petition page.

(5) On the next lines below (4) shall appear the following spaces for the signing of the petition:

(A) A space for the signature of the petitioner;

(B) A space for the printed name of the petitioner;

(C) A space for the enrollment number of the petitioner;

(D) A space for the age of the petitioner;

(E) A space for the date petitioner signed the petition page;

(F) A space for the Colville Business Council or its designee to mark the validation or invalidation, with reasons, of the signature.

FORM

 

Signature

Printed Name

Enrollment Number

Date of Birth

Date of Signature

Validation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(more lines)

______________________________________________________

______________________________________________________________


(6) On the next lines below (5) shall appear the following statement:

(Name of collector - Print), being duly sworn on oath and under penalty of perjury, deposes and says that he or she is an enrolled member of the Colville Confederated Tribes and an eligible voter of the Tribes. That the signatures on this petition page were collected by me and to the best of my knowledge and belief, the signatures were made on the dates shown and by the individuals whose names appear on the petition, and the signatories are eligible Colville tribal voters.

________________________________________

Signature of collector/enrollment number of collector

SUBSCRIBED AND SWORN to before me this ___ day of ____, 20___.

_____________________________________

Clerk of the Colville Tribal Court, or
Notary Public in and for the State of
________________, residing at
________________.


8-2-4 Delivery or Filing of Petitions and Signatures for Validation

(a) Petitions to be filed pursuant to the provisions of Amendment VIII shall be filed pursuant to this statute. Petitions and signatures filed out of conformity with this statute shall be invalid.

(b) Petition submission and election time line: Petitions submitted pursuant to provisions of Amendment VIII shall conform to the following time line:

(1) Signatures may begin 1 collected 180 days prior to submission of the final valid petition page containing signatures to be validated. All signatures dated prior to this date shall be invalidated as untimely.

1 (note: "being being" in original, corrected 6/18/01)

(2) Ninety (90) days prior to annual tribal general election: All petition pages containing signatures to be validated shall be duly filed with the Colville Business Council prior to this date. All petition pages submitted after or signatures dated after this date shall be invalidated as untimely.

(3) Forty-five (45) days prior to annual tribal general election: All signatures shall be validated by Election Committee of the Colville Business Council. Election Committee shall determine whether proposed amendment does or does not qualify for the ballot by formal, written, published resolution. Any appeal or grievance shall be handled pursuant to Chapter 8-3 of this Code.

(4) Twenty-five (25) days prior to annual tribal general election: Proponents and opponents of amendments qualified for ballot may submit statements to be published in a voters pamphlet arguing for and against the amendments. Tribal attorneys shall submit a neutral statement describing effects of the amendment. A word limit shall be determined by the Election Committee of the Colville Business Council.


8-2-5 Filing of Petitions

(a) Personal delivery of the first petition page:

(1) The first signed petition page to be filed proposing any amendment to the Tribal Constitution pursuant to Amendment VIII, shall be filed by personally delivering that petition page to the Chairman, Vice-Chairman, or Secretary of the Colville Business Council, or to the Executive Director of the Colville Confederated Tribes or to the Tribal Executive Office delegated responsibility to administer and conduct tribal elections, at the Colville Tribal Office at Nespelem during regular tribal working hours.

(2) If the persons specified in (a)(1) above are not available for delivery and filing of the first signed petition page, the first petition page may be personally delivered to any member of the Colville Business Council, at the Colville Tribal Office at Nespelem, during regular tribal working hours.

(3) The receipt for the first petition page shall be signed by the person receiving it; and when not received by a council person or officer designated in (a)(1) above, will state that the persons designated by (a)(1) above were unavailable for service.

(b) Delivery of subsequent petition pages:

(1) All petition pages other than the first filed petition page shall not be required to be delivered personally and shall not be required to be delivered all at one time. However, all petition pages, to be considered valid, must be either received by personal delivery at the Tribal Office pursuant to 8-2-5(a)(1) above, or postmarked within the time limits set out in this statute and mailed, certified mail, return receipt requested to:

Chairman, Colville Business Council
P O Box 150
Nespelem, WA 99155

Petition pages sent by certified mail shall be considered delivered on the postmarked date of mailing. Petition pages not sent by certified mail shall be invalid.

(2) Persons delivering petition pages personally or by certified mail pursuant to Amendment VIII shall obtain a tribal receipt from the Colville Confederated Tribes showing the name of the person to whom the petitions were delivered, the date of delivery of the petitions and the number of pages delivered in order to authenticate delivery. The burden of obtaining the receipts and producing them to authenticate delivery shall be upon the person delivering the petitions.


8-2-6 Duration of Petition

Any petition submitted under this statute, shall be considered only for the purpose stated in the petition. Once a petition has been submitted for validation and acted upon (certified for election or not certified for election as lacking sufficient valid signatures) it shall not be used again.

(Chapter 8-2 Adopted 9/24/84, Resolution 1984-612)



CHAPTER 8-3 ELECTIONS

GENERAL PROVISIONS

8-3-1 Authority

This Chapter is established by the Colville Business Council under authority contained in Article III, Section 2, of the Constitution and By-Laws of the Confederated Tribes of the Colville Reservation, including the amendments thereto.

(Amended 2/6/97, Resolution 1997-72)
(Certified 2/20/97)


8-3-2 Purpose

Purpose and intent of this Chapter is to establish and define written procedures for the administration of fair tribal elections.


8-3-3 Definitions

(a) "Business Council" means the Colville Business Council, a 14 member governing body established by the Constitution and By-laws of the Confederated Tribes of the Colville Reservation.

(b) "Closely related means:

(1) Grandparent

(2) Parent

(3) Spouse/significant other

(4) Daughter

(5) Son

(6) Brother

(7) Sister

(8) Aunt

(9) Uncle

(Amended 2/6/97, Resolution 1997-74)
(Certified 2/20/97)
(Amended 1/9/03, Resolution 2003-6)
(Certified 1/10/03)

(c) "Constitution" means the Constitution and By-laws having been proposed and duly ratified by the Indians of the Confederated Tribes of the Colville Reservation on February 26, 1938, including amendments.

(Amended 2/20/97, Resolution 1997-91)

(d) "Election Committee" means a committee composed of one seated council member from each district, provided that he is not up for re-election this calendar year, and providing that the Election Committee is approved by majority vote of a quorum of the Colville Business Council.

(Amended 2/6/97, Resolution 1997-74)
(Certified 2/20/97)
(Amended 2/7/02, Resolution 2002-54)
(Certified 2/12/02)

(e) "Election day" means the day established by the approved schedule of events to hold the primary election or the general election.

(Amended 1/10/02, Resolution 2002-7)

(f) "Election Staff" means the Executive Director or his designee, Election Coordinator and one Election Clerk.

(Amended 2/5/98, Resolution 1998-108)
(Amended 2/6/97, Resolution 1997-74)
(Certified 2/20/97)
(Amended 2/7/02, Resolution 2002-55)
(Certified 2/12/02)

(g) "Eligible voter" means an enrolled member of the Colville Confederated Tribes, who are at least 18 years of age as of election day.

(h) "Enforcement officer" means any tribal police officer, game warden, and park rangers.

(Amended 2/20/97, Resolution 1997-91)

(i) "Him/he" is intended to be gender neutral and should be understood to include the meaning of she/her.

(Amended 1/10/02, Resolution 2002-8)

(j) "Physically reside" means bodily residing in a primary home residence in accordance with Article II, Section 6 of the Constitution and By-laws

(Amended 2/20/97, Resolution 1997-90)
(Amended 1/10/02, Resolution 2002-9)

(k) "Polling place" means the location designated by the Election Committee where balloting takes place.

(Amended 2/6/97, Resolution 1997-74)
(Certified 2/20/97)

(l) "Registration" means all enrolled tribal members, 18 years of age and older are considered automatically registered for tribal election purposes.

(m) "Schedule of events" means the official notice of election to include applicable times/dates of events.

(n) "Signature" includes, for those persons unable to write, a thumbprint and/or his "X," providing two witnesses affix their signature.

(o) "Superintendent" means the superintendent or designee of the Colville Indian Agency.

(Amended 1/10/02, Resolution 2002-10)

(p) "Tribes" means the Confederated Tribes of the Colville Reservation.

(Amended 2/20/97, Resolution 1997-91)

(q) "Voting district" means the general geographic area surrounding the Inchelium, Keller, Nespelem and Omak communities. The boundaries of each Reservation district shall be specifically delineated in an official voting district map approved by the Election Committee. Voting districts shall also include adjacent off-reservation areas. The following lists on and off reservation voting district communities:

Inchelium District* Keller District* Nespelem District* Omak District*
Inchelium Keller Nespelem Omak
Colville Wilbur Grand Coulee Riverside
Kettle Falls Republic Electric City Oroville/Loomis
Hunters Curlew West Coulee Dam Tonasket/Ellisford
Orient Malo Delano Malott
Northport Danville   Brewster
Laurier     Bridgeport
      Pateros
      West Omak
      Okanogan

The off-reservation voting district communities may not be used to establish candidate residency. District map available, upon request through the Elections Office or district community centers.

(Amended 2/6/97, Resolution 1997-74)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-16)

(r) "Certification of votes" means the official tallied results of all poll votes and absentee ballots approved by the Election Committee.

(Amended 1/10/02, Resolution 2002-11)

(s) "Indoctrination" means verbal and written orientation instructions provided to the District Election Board by Election Staff and the Election Committee.

(Amended 1/10/02, Resolution 2002-12)

(t) "Candidate" means any tribal member who has satisfied the requirements for candidacy, as provided for in Article II, Section 6 of the Constitution and By-laws

(Amended 1/10/02, Resolution 2002-13)

(u) "Incumbent" means current Councilperson seeking reelection

(Amended 1/10/02, Resolution 2002-14)

(v) "Tribal entities" means tribal programs that operate under the Confederated Tribes and shall include profit and non-profit organization enterprises owned and/or controlled by the Confederated Tribes of the Colville Reservation.

(Amended 1/10/02, Resolution 2002-15)


ELECTION OFFICIALS

8-3-30 Election Committee

(a) The Election Committee shall, pursuant to Article III, Section 2, of the Constitution and By-laws, have overall responsibility to determine the rules and regulations governing all tribal elections, provided such rules and regulations shall be subject to approval by the Colville Business Council.

(Amended 12/17/98, Resolution 1998-911)
(Certified 12/22/98)
(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-17)

(b) In the event that a candidate is closely related to an Election Committee member, the alternate Election Committee member will be used. The Election Committee shall identify a minimum of four alternate committee members on the date which the schedule of events is approved.

(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-18)

(c) The Election Committee shall consist of one seated council member from each district.

(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 2/7/02, Resolution 2002-56)

(d) The Election Committee members shall not be up for reelection during the election year.

(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-19)

(e) The Colville Business Council Executive Committee shall not be recognized as ex-officio Election Committee members.

(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-20)

(f) Three members shall constitute a quorum.

(Amended 2/6/97, Resolution 1997-73)
(Certified 2/20/97)
(Amended 1/10/02, Resolution 2002-21)

(g) Alternates to the Election Committee may be any enrolled Colville tribal member who is an active voter, and has voted in previous elections. The Colville Business Council shall select one alternate for each district.

(Approved 2/7/02, Resolution 2002-57)


8-3-31 Election Staff

(a) The Election Staff shall consist of the Executive Director or his designee, Election Coordinator and one Election Clerk.

(Amended 2/5/98, Resolution 1998-108)
(Amended 2/6/97, Resolution 1997-75)
(Certified 2/20/97)
(Amended 2/7/02, Resolution 2002-58)

(b) The Executive Director or his designee, Election Coordinator and Election Clerk shall be the only persons authorized to receive, from the U.S. Post Office, election correspondence, and the postmaster shall be so notified.

(Amended 2/5/98, Resolution 1998-108)
(Amended 2/6/97, Resolution 1997-75)
(Amended 2/7/02, Resolution 2002-59)

(c) The Election Staff shall be allowed to handle and process election material as set forth herein.

(Amended 2/7/02, Resolution 2002-60)

(d) The Election Coordinator shall be responsible for the proper administering of the election and shall provide adequate security of the ballots.

(Amended 2/6/97, Resolution 1997-75)

(e) Election Staff may be required to work overtime as necessary.

(f) The Election Staff shall notify the Executive Director in the event that a staff member is closely related to a candidate. The Executive Director shall replace the staff member.

(Approved 2/7/02, Resolution 2002-61)
(Amended 1/9/03, Resolution 2003-8)
(Certified 1/10/03)


8-3-32 District Election Board Member

(a) The District Election Board shall consist of a Chairperson, two judges, Sergeant-at-arms and an alternate for each district. The Chairperson will be appointed by secret ballot from the prospective District Election Board members on orientation day before the primary and general election.

(Amended 2/20/97, Resolution 1997-92)
(Amended 2/7/02, Resolution 2002-62)

(b) The Chairperson is to arrive at the specified polling place on or before 7:30 a.m. on the day of election. The Chairperson shall be responsible for:

(1) Ensuring that each District Election Board member and alternate is at the specified polling place on or before 7:30 a.m.;

(2) Setting up the polling place and providing security of the ballot box, timesheets and ballots;

(3) After the count has been completed, he will escort the ballot box back to the main tribal building after the polls close; and

(4) Hand carrying one (1) copy of the unofficial certification of poll votes, signed by the District Election Board members, time sheets and the ballot box to the Election Staff in the main tribal building.

(Amended 2/20/97, Resolution 1997-93)
(Amended 2/7/02, Resolution 2002-63)

(c) The Sergeant-at-arms shall be responsible for:

(1) Maintaining order and calling upon the enforcement officers, when it is considered necessary, for assistance;

(2) Assisting with setting-up and clean-up of polling place; and

(3) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(Amended 2/20/97, Resolution 1997-94)
(Amended 2/7/02, Resolution 2002-64)

(d) Judge number one is responsible for:

(1) Assisting the Chairperson with the distribution of ballots, identifying voters, verifying signatures of voters, voters' eligibility and checking contested ballots by:

(A) Checking the voters list to see if individuals received an absentee ballot;

(B) Checking to see if the voter is a new voter; or

(C) Checking to see if the voter is from that established district.

(2) Assisting with setting-up and cleanup of polling place; and

(3) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(Amended 2/20/97, Resolution 1997-95)
(Amended 2/7/02, Resolution 2002-65)

(e) The number two Judge is responsible for:

(1) Securing the ballot box;

(2) Ensuring that each ballot is accounted for and that the voter has deposited his ballot into the ballot box;

(3) Assisting with setting-up and cleanup of polling place; and

(4) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(5) Assisting the handicapped and disabled within the polling place site.

(Amended 2/20/97, Resolution 1997-96)
(Amended 2/7/02, Resolution 2002-66)

(f) The Alternate is responsible for:

(1) Showing up on orientation and election day, in case one of the selected District Election Board members is not available.

(A) If needed, moving into the unavailable District Election Board member's position and assuming those responsibilities; or

(B) If all District Election Board members are present, the alternate will receive four hours of show-up time.

(2) Arriving at the specified polling place on or before 7:30 a.m. on the day of election.

(Amended 2/20/97, Resolution 1997-97)
(Amended 2/7/02, Resolution 2002-67)

(g) The District Election Board members and alternates shall be appointed and approved by the Election Committee and shall be qualified active voters from that district.

(Amended 2/20/97, Resolution 1997-98)
(Amended 2/7/02, Resolution 2002-68)

(h) District Election Board members shall not be closely related to candidates from their district.

(Amended 2/7/02, Resolution 2002-69)

(i) It is desired that at least one District Election Board member speak the native language.

(Amended 12/17/98, Resolution 1998-917)
(Certified 12/22/98)

(j) Preference in selection, shall be given to persons who have served as District Election Board members in prior elections, and to those who can visibly identify eligible voters from that district. Rotation of District Election Board members will occur every year beginning in May. The previous years' alternate will become a bona fide District Election Board member of his respective voting district. District Election Board members rotate and are replaced at the end of their third year.

(Amended 11/1/90, Resolution 1990-599)
(Corrected 7/30/01)
(Amended 2/7/02, Resolution 2002-70)

(k) There shall be a District Election Board for each district.

(l) Should any infraction be committed by any District Election Board members, it shall be grounds for immediate removal. Infractions include, but are not limited to:

(1) Tampering with tribal election ballots;

(2) Tampering in any way with the election process;

(3) Disclosing to voters confidential information regarding candidates;

(4) Late arrival to orientation and polling place;

(5) Attempting to influence voters;

(6) Being disrespectful to voters and/or fellow workers;

(7) Being under the influence of drugs or alcohol.

(Amended 2/20/97, Resolution 1997-99)
(Amended 2/7/02, Resolution 2002-72)
(Deleted original section 8-3-32(l) per resolution 2002-71)


8-3-33 Enforcement Officers

(a) An enforcement officer shall be assigned to the vicinity of each polling place on election day.

(Amended 2/20/97, Resolution 1997-100)
(Amended 2/7/02, Resolution 2002-73)

(b) The assigned enforcement officer shall accompany the District Election Board Chairperson back to the main tribal building with the locked ballot box after the polls have been closed and the votes have been counted and certified by the District Election Board members.

(Amended 2/20/97, Resolution 1997-100)
(Amended 2/7/02, Resolution 2002-74)


ELIGIBILITY

8-3-60 Candidates for Council Positions

(a) Any enrolled member of the Confederated Tribes of the Colville Reservation, qualified under the provisions of Article II, Section 6, of the Constitution may announce his candidacy for the Colville Business Council within the district of his residency by filing with the Election Staff a petition signed, by not less than ten (10) eligible voters of the district of his residency. The candidate may have more than one (1) copy of an official petition signed and circulated.

(Amended 2/20/97, Resolution 1997-101)
(Amended 2/7/02, Resolution 2002-75)

(b) A candidate must physically reside in the district in which he has filed for candidacy for not less than one (1) year prior to the date of the primary election. The candidate shall have the burden to establish that he meets the physical residency requirements. The Election Committee shall decide all issues related to candidate residency and such decision shall be final.

(Amended 2/20/97, Resolution 1997-102)
(Amended 2/7/02, Resolution 2002-76)

(c) Candidates who are temporarily away from their normal district residence, because of attendance in an institution of higher education or military services are exempt from physically residency requirements as stated in section 8-3- 60(b), providing that the candidates intend to return to the district they were elected to.

(Amended 12/17/98, Resolution 1998-916)
(Amended 2/20/97, Resolution 1997-102)

(d) Candidates who are qualified under section 8-3-60(c), if elected, must return to physically reside in their district on the Colville Indian Reservation before assuming their office.

(Amended 12/17/98, Resolution 1998-915)
(Amended 2/20/97, Resolution 1997-102)

(e) A candidate who is qualified and elected under section 8-3-60(c) above, must return to physically reside in his district on the Colville Reservation before assuming office.

(Amended 2/7/02, Resolution 2002-79)

(f) Candidates cannot be a member of the tribal Election Staff.

(Amended 2/20/97, Resolution 1997-103)
(Amended 2/7/02, Resolution 2002-80)


8-3-61 Eligible Voters

(a) Enrolled members of the Colville Tribes who are eighteen (18) years of age on the day of primary election and/or general election are eligible to vote.

(Amended 2/7/02, Resolution 2002-82)

(b) Eligible voters, voting for the first time may vote in the district of their choosing. A first time voter's actual vote will establish voting district for future elections.

(Amended 2/7/02, Resolution 2002-83)

(c) Eligible voters who have voted in prior elections must cast their ballot in the district that they most recently voted in, except as provided for in section 8-3-62.

(Amended 2/7/02, Resolution 2002-84)


8-3-62 Change of Voting District

(a) Eligible voters who have moved and have physically resided in a different district for a period of one (1) year preceding the next general election may request that their voting district be changed to the district in which they currently reside.

(Amended 2/20/97, Resolution 1997-104)
(Amended 2/7/02, Resolution 2002-81)

(b) Off-reservation voters who wish to change their established voting district must request in writing a change of voting district form. An off-reservation voter's request will require a one (1) year waiting period from the date upon which the request form was returned.

(Amended 2/20/97, Resolution 1997-104)
(Amended 2/7/02, Resolution 2002-85)

(c) The Election Committee will rule on all requests for change of voting districts and that decision shall be final and authoritative.

(Amended 2/20/97, Resolution 1997-104)
(Section 8-3-62(d) Amended 2/20/97, Resolution 1997-105)
(Section 8-3-62(d) Repealed 2/7/02, Resolution 2002-86)


ELECTION PROCEDURES

8-3-90 Petitions

(a) No person will be allowed to receive an official petition form before or after the dates specified in the schedule of events.

(Amended 2/7/02, Resolution 2002-87)

(b) A prospective candidate must apply in person to receive an official petition for candidacy, and sign for it.

(Amended 2/7/02, Resolution 2002-88)

(c) Petitions shall be numbered serially and only one official petition per candidate shall be issued. Candidates may make copies of their petition.

(Amended 2/7/02, Resolution 2002-89)

(d) Election Staff shall verify the eligibility of those who signed the official petition using the most current eligible voter list generated from the Tribal Enrollment Office.

(Amended 2/7/02, Resolution 2002-90)
(Amended 1/9/03, Resolution 2003-9)
(Certified 1/10/03)

(e) In the event an issued official petition is lost or destroyed, that number will be null and void and a new number shall be issued.

(Amended 2/7/02, Resolution 2002-91)

(f) A candidate is required to sign an affidavit that states he understands the approved schedule of events prior to being issued an official petition.

(Amended 2/25/93, Resolution 1993-67)
(Amended 2/21/91, Resolution 1991-67)
(Amended 2/7/02, Resolution 2002-92)

(g) A candidate is required to deliver his own official petition into the hands of the Election Staff according to the approved schedule of events. The Election Staff will verify with the candidate the following:

(1) The position they are filing for;

(2) The spelling of the name; and

The candidate will acknowledge information to be true and correct on the official petition. The Election Staff will date and time stamp the official petition. Once the official petition has been processed it will not be returned to the candidate for any reason. The Election Staff will bring the petition to the Election Committee for certification.

(Amended 2/20/97, Resolution 1997-106)
(Amended 2/25/93, Resolution 1993-67)
(Amended 2/21/91, Resolution 1991-47)
(Amended 2/7/02, Resolution 2002-93)

(h) The election office clock is the official elections clock and will be used for the approved schedule of events. Petitions will not be accepted after the date and time stated on the approved schedule of events.

(Amended 2/20/97, Resolution 1997-107)
(Amended 2/25/93, Resolution 1993-67)
(Amended 2/7/02, Resolution 2002-94)


8-3-91 Schedule of Events

(a) The annual schedule of events must be approved by the Colville Business Council by resolution. The approved schedule of events shall be published in the February edition of the Tribal Tribune and posted in all tribal entities, BIA, IHS and approved US Post Offices. No Election Code amendments shall be made following the approval of the schedule of events, or until completion of the general election. The election process will begin upon approval of the schedule of events.

(b) The approved schedule of events shall contain the following information:

(1) Opening date for filing an official petition;

(2) Closing date for filing an official petition;

(3) Deadline for withdrawing official petitions;

(4) Certification of candidates;

(5) District Election Board orientation;

(6) Date of primary election;

(7) Date of general election;

(8) Polling place:

(A) Inchelium Subagency,

(B) Keller Community Center,

(C) Nespelem Community Center,

(D) Omak Senior Meal site,

(9) Date of poll vote certification for primary election;

(10) Date of absentee ballot certification for primary election.;

(11) Date of poll vote certification for general election;

(12) Date of absentee ballot certification for general election;

(13) Date of oath of office.

(Section 8-3-91(c) Repealed, Resolution 2002-97)


8-3-92 Address Labels and Candidate Material

(a) The Election Staff shall prepare the following material for distribution to candidates:

(1) Eligible eighteen (18) year old list;

(2) Voters-by district list;

(3) Never voted list; and

(4) A copy of this Chapter.

(b) The lists shall be prepared from the Tribal Election and/or Enrollment records.

(c) One set of (computer) printed, gummed address labels, of eligible constituents, for their respective districts, shall be provided to each certified candidate at cost. The district labels and list may be sent by certified mail, return receipt requested or the candidate may pick up his individual district labels and list from the Elections Office on the Thursday, before 3:00 p.m., following the certification of candidates. If the candidate fails to contact the Election Office, before the above mentioned date and time, the labels and list will be sent by certified mail, return receipt requested.

(Amended 2/5/98, Resolution 1998-107)

(d) No lists other than specified in section 8-3-92(a) shall be issued to candidates.

(Section 8-2-92 Amended 2/7/02, Resolution 2002-98)


8-3-93 Absentee Ballots

(a) Eligible voters shall be allowed to vote via absentee ballot.

(b) Certified candidates will be allowed to solicit absentee voting by mailing out pre-printed materials.

(c) Eligible voters may utilize preprinted post cards to request an absentee ballot or any other written and signed request (e.g.: letters, Tribal Tribune notice).

(d) Special arrangements will be made at the Nespelem US Post Office to handle the election correspondence and only the Election Staff are authorized to receive election materials from the Nespelem US Post Office. Accordingly all preprinted absentee ballot request cards shall be addressed to the:

Colville Confederated Tribes
Election Coordinator
P.O. Box 150,
Nespelem, WA 99155

(Amended 2/20/97, Resolution 1997-108)

(e) All requests for absentee ballots will be accompanied by a written, signed form and must be delivered in person by the individual requesting the absentee ballot or by US mail.

(Amended 11/1/90, Resolution 1990-597)
(Certified 12/7/90)

(f) The Election Staff will maintain a chronological listing of all absentee ballot requests and balloting materials that have been sent or received.

(g) Persons voting for the first time may vote in any district of their choosing Election Staff will honor and process only the first request, thereby insuring that persons are allowed to vote only once and only in one district.

(h) All received absentee ballots and absentee ballot request will be stamped with a date stamp and initialed by the Election Staff. Any returned absentee ballot that does not bear a US postmark, will be presented to the Election Committee (noting the date it was received) for a decision to validate or to invalidate it. For any returned absentee ballot that bears more than one valid US postmark, the earlier US postmark will be counted.

(Amended 2/20/97, Resolution 1997-108)

(i) In the event an eligible voter indicates in writing that his absentee ballot was lost or destroyed, a new one may be issued providing that the necessary precautions are taken by the Election Staff to insure that only one ballot is returned/counted.

(j) All returned absentee ballots must be postmarked no later than the date of the election day, and must bear the written signature of the voter on the outside envelope (see sections 8-3-93(h) and 8-3-93(p)).

(Amended 12/22/98, Resolution 1998-914)
(Amended 11/1/90, Resolution 1990-598)
(Certified 12/7/90)

(k) A returned absentee ballot that does not bear the signature of the voter on the outer envelope will be invalid.

(Amended 2/20/97, Resolution 1997-120)

(l) Eligible voters select only one candidate for council position number one and only one candidate for council position number two from the Inchelium, Nespelem, and Omak Districts, and only one candidate from the Keller District.

(Amended 2/20/97, Resolution 1997-108)

(m) Writing or marks on ballots will be invalidated and will not count if they contain the printed or signed name of the voter.

(Amended 2/7/91, Resolution 1991-24)
(Corrected 7/30/01)

(n) The Election Coordinator shall be responsible for the printing and safeguarding of all ballots.

(o) Absentee ballots shall be identical to poll ballots.

(p) Walk-in absentee voting will not be allowed. All absentee ballots must be returned via US mail or at the polls.

(Section 8-3-93 Amended 2/7/02, Resolution 2002-99)


8-3-94 Ballots

(a) Only official ballots shall be used in voting.

(b) Absentee ballots shall be color-coded as in the past. Districts will be identified as follows:

(1) Nespelem-green;

(2) Inchelium-Blue;

(3) Omak-Pink;

(4) Keller-Yellow; and

(5) Each ballot from each district shall have a tear-off serial number.

(c) The candidates' names shall appear on the ballots in alphabetical order, except that the incumbents' names shall appear first.

(d) The names and spelling used shall be the same as printed on the candidates' petition.

(e) The tear-off serial numbers are to be used in insuring proper accountability only, and shall be removed prior to voting/mailing of absentee ballots to the voter.

(f) Sample ballots shall be posted in the community centers, Tribal, BIA, IHS buildings; Nespelem, Omak, Inchelium and Keller Post Offices.

(g) Sample ballots shall not be provided to the candidates by Election Staff.

(h) Write-in voting for candidates shall not be allowed and shall not be counted.

(Section 8-3-94 Amended 2/7/02, Resolution 2002-100)


8-3-95 Campaigning

(a) Posting and distribution of campaign materials will not be allowed in any tribal entities, BIA or IHS buildings.

(b) Campaign materials are the responsibility of the candidate and do not carry the express endorsement or rejection of the Colville Confederated Tribes, the Colville Business Council, or employees of the Tribes.

(c) Candidates will bear the full financial responsibility for their own campaigns.

(d) Candidates will be allowed to provide for private transportation of voters to the polls.

(e) No campaigning will be allowed within 200 feet of the polling places during elections.

(f) A candidate from the Nespelem, Omak or Inchelium Districts may select a running-mate for his campaign, where one candidate runs for position #1 and the other for position #2.

(g) Council members and Employees of the Colville Confederated Tribes, tribal entities, BIA or IHS are prohibited from campaigning during assigned working hours.

(h) Expenditures by candidates for their campaigns from tribal entities, tribal government, BIA or IHS funds will not be allowed.

(i) It shall be the responsibility of the candidate for the removal of all his signs, posters, and all other campaign materials one (1) week after the certification of a primary, a general or a special election.

(j) Using tribal facilities or resources to promote one’s candidacy, or attempting or publicly offering the use of tribal facilities or resources to promote one’s candidacy, is prohibited.

(k) If the Election Committee or Staff receives a signed complaint in writing alleging that a certified candidate has violated any of the campaign rules set forth in subsections (a) through (j) above, the Election Committee will use the process set forth in subparts (1) through (12) below to determine whether a violation has occurred, and if so what penalty shall be assessed. The purpose of this process is to provide due process and consistent treatment for candidates and other interested parties, define the responsibilities of candidates, and further paramount tribal government interests in resolving complaints in a consistent and orderly fashion, and in providing efficiency, certainty, and finality to the elections process.

(1) All written notices to a candidate required under this section shall be mailed to the candidate via certified mail, return receipt requested, at the address provided by the candidate in the certification process. The Committee and Staff shall be entitled to rely on this address, and it shall be the responsibility of the candidate to provide any change of address and to check his or her mail. A candidate’s failure to respond within the deadlines set forth in any notices sent in this manner shall be deemed a waiver of any rights set forth in the notice or in the subsection on which the notice is based.

(2) A signed, written complaint shall be filed with the Election Committee at the Election Office during normal business hours, and the Staff shall stamp the complaint with the date of filing at the time it is filed.

(3) Election Staff shall conduct a review and investigation of any properly filed complaint.

(4) Within three (3) working days of the filing of a complaint, Staff shall provide written notice, in the manner set forth in subpart (1), to the candidate who is the subject of the complaint (hereinafter referred to as the respondent). The notice shall provide the respondent with a copy of the complaint, and an opportunity to respond to the complaint in writing. The respondent’s written response must be submitted to the Committee within five (5) work days of the mailing of the notice.

(5) The notice required in subpart (4) shall also provide the respondent an opportunity to appear at a hearing of the Election Committee, in order to present evidence and make argument regarding the allegations in the complaint. The hearing shall take place no sooner than seven (7) work days and no later than ten (10) work days after the mailing of the notice, unless the respondent requests, and the Committee grants, a different date.

(6) A respondent’s request to reschedule a hearing must be in writing and submitted not later than three (3) work days after the mailing of the notice to the respondent required in subpart (4). The request must provide a compelling reason for the rescheduling; inconvenience, lack of time to prepare, or other commitments are not sufficient grounds. The committee’s decision whether to grant rescheduling shall be in writing and issued not less than two (2) work days before the initially scheduled hearing date; the Committee’s decision shall be final as to the date of a hearing. A respondent’s failure to attend a hearing that has been scheduled as provided in subparts (4) through (6) shall be deemed a waiver of the right to participate at the hearing.

(7) The Election Staff shall submit to the Committee a summary of its findings regarding the allegations in the complaint, not later than two (2) work days prior to the hearing on the complaint. A copy of the findings shall also be provided to respondent at this time.

(8) At the time set for the hearing, the Election Committee shall review the findings of the Staff and any written submission of the respondent. If the respondent appears at the hearing, he or she shall have an opportunity to respond to the allegations and the findings of the Staff. The proceedings shall be recorded whether or not respondent appears.

(9) The Committee will determine whether a violation occurred, and if so, assess an appropriate fine and any additional appropriate penalty. The Committee’s decision shall be in writing and shall be served on the respondent and complainant in the manner provided in subpart (1). The Committee may assess a fine in the range of $100.00 to $500.00 per violation found, the amount of the fine dependent on the severity of the violation. Failure to pay the fine will result in ineligibility for the next election. If the Committee makes a specific finding that the violations are aggravated in nature or are repeat violations, or involve an intent to deceive the Committee or Staff, the Committee shall disqualify the respondent from the current election.

(10) The Committee shall submit to the Colville Business Council copies of any and all of its decisions which find that a violation has been committed, so that in any case where a candidate who committed a violation is elected to office, the Council may consider whether to take further action under its constitutional authority over the conduct of its members; this requirement to forward decisions to the Council is distinct from the process referred to in subpart (11) below, under which a respondent may petition the Council for review of a Committee decision, and is not intended to trigger any obligation under the Constitution for the Council to review the Committee’s decision.

(11) The Committee’s determination as described in subpart (9) above shall be final, and notwithstanding any other provision of tribal law, the Tribal Court shall have no jurisdiction over any cause of action arising therefrom, except that pursuant to Article I, Section 4 of the By-laws of the Tribes, the notice of decision shall inform the respondent that he or she may petition the Colville Business Council for review within five (5) work days of the mailing of the decision. Failure to petition the Business Council within five (5) work days shall be deemed a waiver of the right to petition, and the Council shall summarily dismiss any untimely petition. The Petition shall be filed at the Election Office in the manner set forth in subpart (2) above; the Election Staff shall date-stamp the petition and promptly forward it to the Chairman of the Business Council.

(12) The Business Council will review any petition timely filed by a respondent under subpart (11). If the Council’s review determines that the petitioner failed to comply with any of the deadlines for responding to a complaint with the Election Board, such that the respondent is deemed to have waived the right to participate in the process, the Council shall summarily dismiss the petition. If the petitioner is found not to have waived the right to participate, the Business Council Chair shall call a special meeting of the Business Council, for purpose of conducting a brief hearing on the matter of the petition, to be held not later than fourteen (14) work days after filing of the petition. The Council’s decision shall be final, and notwithstanding any other provision of tribal law, the Tribal Court shall have no jurisdiction over any cause of action arising therefrom.

(Amended 2/20/97, Resolution 1997-109)
(Section 8-3-95 Amended 2/7/02, Resolution 2002-101)
(Section 8-3-95 Amended 2/6/03, Resolution 2003-64)


8-3-96 Ballot Boxes

(a) Ballot boxes shall be prepared in advance and shall contain the following materials.

(1) Ballots;

(2) Flag;

(3) Pens (6);

(4) Tablets (4);

(5) Scotch tape (1);

(6) Stamp pad;

(7) This Chapter;

(8) Constitution and By-laws;

(9) Voters list;

(10) Time sheets (4);

(11) Poll book and tally sheets;

(12) Certification of poll vote forms;

(13) Ballot envelopes;

(14) CCT tribal envelopes;

(15) Jar with key to box; and

(16) Badge, paper clips, rubber bands.

(b) Prepared ballot boxes shall be inventoried by the Election Staff and District Election Board Chairperson the day before election day. Ballot boxes shall then be issued to the Chairperson of the District Election Boards, along with one set of keys which will be locked/sealed after the District Election Board members' certification of the poll votes.

(Amended 2/20/97, Resolution 1997-110)
(Amended 12/17/98, Resolution 1998-913)
(Certified 12/22/98)

(c) Returned locked and sealed ballot boxes will remain in a locked space until the Election Committee and the BIA Superintendent of the Colville Indian agency request the re-count of poll votes and the official certification of poll votes.

(Amended 2/20/97, Resolution 1997-110)
(Amended 12/17/98, Resolution 1998-912)
(Certified 12/22/98)
(Section 8-3-96 Amended 2/7/02, Resolution 2002-102)


8-3-97 Indoctrination of the District Election Board Members

(a) The District Election Board members will be indoctrinated by the Election Staff and/or Election Committee, the morning, prior to election day.

(Amended 2/20/97, Resolution 1997-111)

(b) The indoctrination shall include the following:

(1) Inventory of ballot boxes;

(2) Instructions on processing of wages, mileage, meal stipend and timesheets;

(3) Review of this Chapter;

(4) Process for contested ballots;

(5) Name and phone number of assigned tribal police officer;

(6) Use of dividend roll book;

(7) Voters lists include:

(A) Eligible voters who have established a voting district;

(B) Eighteen (18) year olds;

(C) Eligible voters who have never voted; and

(D) Voters requesting absentee ballots.

(8) Procedures for certification of poll vote;

(9) "Interpreter" will not have access to pen, pencil or other marking device while assisting voter;

(10) Use of poll book and tally sheet;

(11) Display of US and tribal flag;

(Amended 2/20/97, Resolution 1997-111)

(12) Instruction for alternates;

(13) Arrangement to set up/use polling places;

(14) Other pertinent information.

(Section 8-3-97 Amended 2/7/02, Resolution 2002-103)


8-3-98 Primary Election Preceding General Election

(a) A primary election shall be held at least four weeks before the general election. A primary election will be held in the Nespelem, Inchelium and Omak districts only if there are more than two certified candidates for each numbered position (from those districts) and in the Keller district only if there are more than two certified candidates from that district.

(Amended 1/23/84, Resolution 1984-38)
(Amended 1/17/91, Resolution 1991-16)
(Certified 10/21/91)

(b) In the primary election for each voting district, the two candidates receiving the most votes in each numbered position in Nespelem, Inchelium and Omak districts shall qualify as candidates for the general election, and the two candidates receiving the most votes in the Keller district shall qualify as candidates for the general election. In the event of a tie between candidates, in the primary election, for a vacant general election ballot position, those candidates will advance to the general election, even if the number of candidates for that general election, exceeds two for each position in the Nespelem, Inchelium and Omak districts, or exceeds two for the Keller district.

(Amended 1/23/84, Resolution 1984-38)
(Amended 1/17/91, Resolution 1991-16)
(Certified 10/21/91)

(c) Only candidates qualifying for the general election via the primary election shall appear on the final election ballot.

(d) The certification of the primary election shall be the same as the certification of general election where such certification procedures are applicable and relevant in section 8-3-104.

(Section 8-3-98 Amended 2/7/02, Resolution 2002-104)


8-3-99 Election Day Procedures

(a) Indoctrination by the District Election Board Chairpersons.

(Amended 2/20/97, Resolution 1997-112)

(b) Election Staff shall be in the Tribal Office no later than 7:30 a.m.

(Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)

(c) The Election Coordinator shall notify the District Election Board Chairpersons of any additional absentee ballot requests.

(d) The District Election Board members, including alternates shall arrive at their designated polling place no later than 7:30 a.m.

(e) The District Election Board members shall prepare the polling place to include display of US flag, setting up tables, booths, ballot box, poll and tally sheet.

(f) Polling places will opens at 8:00 a.m.

(g) Eligible voters must be visibly identified by a District Election Board member or show valid identification and be listed as an eligible voter from that district.

(h) The ballots of all persons who are voting for the first time shall be treated as contested ballots to insure that first time voters vote only once and in one district.

(i) Allow orderly, secret voting to proceed.

(j) Allow eligible voters to cast their vote and where there is doubt, allow the voter to cast a contested vote (i.e. allow him to vote and seal his vote in an envelope with the District Election Board writing the voter's name and the reason for contesting the vote, on the outside envelope).

(k) Any voter who was sent an absentee ballot, and for whatever reason state that they have not voted in this election, will be allowed to cast a contested vote.

(l) Sergeant-at-arms will maintain order and call upon the enforcement officer when it is considered necessary for assistance.

(m) District Election Board members may take coffee, smoke, and lunch breaks providing that they remain in the polling place if "workload" permits.

(n) No activity other than elections will be allowed in the assigned polling places.

(Amended 2/20/97, Resolution 1997-112)

(o) District Election Board members will not divulge any election information except through official channels.

(p) Polls close at 8:00 p.m.

(q) Persons waiting in line to vote at 8:00 p.m. will be allowed to vote.

(r) Doors shall be locked and only District Election Board members and enforcement officers shall be present while vote count is being certified, and no interruptions shall be tolerated (i.e. phone calls, visitors).

(Amended 2/20/97, Resolution 1997-112)

(s) Certification sheets shall be accurately filled out and signed and shall include the following:

(1) Total number of ballots cast;
(2) Number of invalid votes;
(3) Number of contested votes; and
(4) Number of valid votes each candidate received.

District Election Board members must sign the certification of poll vote results.

(t) The District Election Board Chairperson will verbally relay the certified results to the Election Staff.

(Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)

(u) The District Election Board Chairperson is responsible to secure the ballot box with a copy of the poll vote results, ballots and their assigned keys locked inside.

(v) The District Election Chairperson and the enforcement officer must escort the secured locked ballot box and hand carry the original certification of poll votes to the Election Staff located in the main tribal building.

(Amended 2/20/97, Resolution 1997-112)

(w) The Election Coordinator is responsible the following:

(1) Make periodic calls to each polling place throughout the day to check status;

(2) Preparing and distributing the certified results; and

(3) Locking and securing all ballot boxes.

(Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)
(Section 8-3-99(x) Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)
(Section 8-3-99 Amended 2/7/02, Resolution 2002-105)


8-3-100 Certification of Poll Votes

(a) The District Election Board members will verify and certify the results of the poll votes for their district.

(b) The Election Coordinator will prepare the poll vote results for the Election Committee and the BIA Superintendent to officially sign and approve the written statement of the results.

(Amended 2/20/97, Resolution 1997-115)

(c) The certification of poll vote results will take place on the first working day following the election.

(d) The certified poll votes will remain separate from the absentee ballots until the certification of official returns is complete.

(Section 8-3-100 Amended 2/7/02, Resolution 2002-106)


8-3-101 Contested Ballots

(a) During the count, the following categories shall be deemed contested ballots:

(1) Eligible eighteen (18) year olds voting for the first time;

(2) Eligible voters who are voting at a polling place and who have already requested an absentee ballot;

(3) Eligible voters with a name change not listed on the poll book;

(4) All ballots containing markings that are not in accordance with voting instructions, (which shall be processed pursuant to section 8-3-104);

(5) All ballots where the eligibility of the voter could not previously be determined; and

(6) All other ballots determined by the Election Staff to be contested.

(b) The contested ballots will be placed in an envelope. The voter's name and the reason for contesting the ballot will be written on the outside sealed envelope.

(c) The Election Committee will determine which contested ballots are valid or invalid the first Thursday following the poll place votes as stated in section 8-3-104(b) and will be recorded accordingly.

(Amended 12/22/98, Resolution 1998-910)

(d) Contested ballots declared invalid will remain sealed.

(Section 8-3-101 Amended 2/7/02, Resolution 2002-107)


8-3-102 Grievance Procedures

(a) An election grievance concerns the manner in which the Colville Tribes administers and conducts any election. Only documented, written, signed statements filed with the Elections Office will cause an election grievance to be acted upon by the Elections Coordinator or the Election Committee. The Election Coordinator will receive and decide all minor (misspelling, addresses, and procedural) grievances within eight (8) working hours of receipt.

(Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)

(b) Any grievant not satisfied with the decision of the Election Coordinator may appeal in writing to the Election Committee within eight (8) working hours of receiving the Election Coordinator's decision by filing a written appeal with the Elections Office.

(c) The Election Committee will use the procedures in this section to determine the disposition of all minor election grievances that are appealed from the Election Coordinator and all other grievances concerning the election, except those which use the procedures set forth in section 8-3-95. Except as provided in Article I, Section 4 of the Colville Tribal By-laws, all decisions of the Election Committee are final.

(Amended 2/20/97, Resolution 1997-114)
(Deleted 2/20/97, Resolution 1997-113)
(Amended 1/9/03, Resolution 2003-10)
(Certified 1/10/03)

(d) All grievances which may affect the final vote count of the primary general, or special elections that were not resolved prior to the commencement of the certification process must be properly presented to the Election Staff, the Election Committee and the BIA Superintendent prior to the official certification of the results. Grievances affecting poll votes must be received not later than one (1) hour prior to commencement of the official certification process for poll votes, and grievances affecting absentee votes must be received not later than one (1) hour the commencement of the official certification process for absentee votes. Grievances filed after the certification process has commenced will not be considered.

(Amended 2/20/97, Resolution 1997-114)
(Section 8-3-102 Amended 2/7/02, Resolution 2002-108)

(e) The Elections Committee may hold a hearing on any election grievance. In the event a hearing is held, it will be for the purpose of determining the facts of any grievance, and the Committee may request any person with relevant information to testify before it. All candidates who may be affected by the grievance shall have a right to attend any such hearing, and may appear in person or by proxy. Candidates shall be given notice of such a hearing by phone call to the candidate's listed number or contact, and by mail if time allows. It is the responsibility of each candidate to provide the Election Coordinator with the candidate's current address and telephone number.

(f) Any grievance which will not affect the final vote count may be addressed by the Election Committee at any time, including after the date of the election.

(g) All grievances presented to the Committee will be listed by the Election Staff and published in the Tribal Tribune issue next following the primary and general election.

(Approved 1/9/03, Resolution 2003-7)
(Certified 1/10/03)
(Section 8-3-102(a) through (g) Amended 2/ 6/03, Resolution 2003-65)


8-3-103 Certification of Absentee Votes

The Election Staff, Election Committee, the BIA Superintendent and designated staff shall count and certify the results of the absentee votes and shall immediately provide the Election Staff with a signed written statement of the results of the absentee and poll vote count.

(Amended 2/20/97, Resolution 1997-116)
(Section 8-3-103 Amended 2/7/02, Resolution 2002-109)


8-3-104 Certification Procedures

(a) The Election Committee and the BIA Superintendent shall insure that proper procedure is followed including the following:

(Amended 12/22/98, Resolution 1998-909)

(1) Determine first if any grievances have been filed prior to the commencement of the certification process. If so, the grievance will be resolved before proceeding;

(2) Insure that candidates are allowed to observe the certification proceedings (vote count);

(3) Any district may be chosen by the Election Committee to be counted first or second or third or last;

(Deleted 2/20/97, Resolution 1997-117)
(Amended 12/22/98, Resolution 1998-908)

(4) Contested votes will be ruled upon first, and only the approved ballots (yet unopened) will be placed with the unopened absentee ballots;

(5) Those ballots that are declared invalid by the Election Committee will be returned to the Election Coordinator (immediately) for disposition and will remain unopened;

(Amended 12/22/98, Resolution 1998-907)
(Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)

(6) The returned absentee ballot envelopes and the contested ballot envelopes will be counted to ensure the total number of envelopes match the number indicated by election records;

(7) After counting the envelopes the Election Staff will open the outer envelopes and remove and shuffle the inner envelopes.

(8) Insure that each envelope contains only one ballot. Where envelopes contain more than one ballot, those ballots will be invalidated. (Note: By this time inner envelopes and ballots have already lost their identity.);

(Amended 1/23/84, Resolution 1984-38)

(9) Outer envelopes that do not contain the inner (ballot) envelope will be set aside until instruction is received from the Election Committee. The inner (ballot) envelopes will be counted and shuffled to lose identity.

(10) Inner (ballot) envelopes are opened and ballots are removed.

(11) Ballots are unfolded (face down) and counted.

(Amended 2/20/97, Resolution 1997-118)

(12) All ballots are given to an Election Staff member who will assist with reading names of the candidate who received the votes.

(Amended 2/20/97, Resolution 1997-118)

(13) A person designated by the Election Committee will sit adjacent to the Election Staff member to verify the correct names are called.

(14) Each candidates' first, last, middle or nick-name will be read clearly to avoid confusion of names that may sound the same.

(Amended 12/22/98, Resolution 1998-906)

(15) The Election Committee will designate a tally person to visibly keep "tally" on the chalkboard placing a "tick mark" each time the candidate's name has been called.

(Amended 2/20/97, Resolution 1997-118)
(Amended 12/22/98, Resolution 1998-905)

(16) The tally person will call out "tally" each time a candidate receives a fifth mark or multiple thereof. Tally will also be kept by the Election Committee and the BIA Superintendent.

(Amended 12/22/98, Resolution 1998-904)

(17) The election Committee member or the BIA Superintendent may request a tally check, that the count be slower or a recount of the total tally.

(18) Periodic pauses will be taken in the count to allow persons involved to remain alert and ready, and to insure that all persons agree to the chalkboard count.

(Amended 12/22/98, Resolution 1998-903)

(19) A different vote count by any of the Election Committee members or the BIA Superintendent will cause the ballots to be recounted.

(Amended 12/22/98, Resolution 1998-902)

(20) Ballots that contains markings other than or in addition to those authorized by the voting instructions shall be reviewed by the Election Committee for validation or invalidation. Each Election Committee member shall audibly vote on each ballot in question.

(Amended 12/22/98, Resolution 1998-901)

(21) After the last ballot has been counted, the tally will be checked and only if each Election Committee member and the BIA Superintendent agree on the tally will those results be certified.

(22) The same procedure shall be observed by the Election Committee for all districts.

(Amended 2/21/85, Resolution 1985-73)
(Certified 3/26/85)

(23) If a vote count difference of three (3) votes or less occurs between a candidate receiving the most votes and any other candidate, an immediate recount of both valid poll and valid absentee ballots is mandatory.

(24) The candidate receiving the most votes for position number one or for position number two in the Nespelem, Inchelium and Omak Districts will be elected. The candidate receiving the most votes in Keller will be elected;

(Amended 1/17/91, Resolution 1991-16)
(Certified 10/21/91)

(25) In the event a tie between candidates for a vacant position occurs, a run-off election for the remaining vacant position, between only those persons receiving a tie vote, will be held within thirty (30) days.

(26) The certification forms shall immediately be filled out and signed by a quorum of the Election Committee members and the BIA Superintendent;

(Amended 12/22/98, Resolution 1998-900)

(27) Copies of the certified results will be made for distribution and posting and one copy will be provided to the Tribal Tribune to be placed on page one of the next edition.

(28) The Election Committee Chairperson will notify the news media of certified results.

(Amended 2/20/97, Resolution 1997-118)

(b) All contested ballots shall be presented to the Election Committee in accordance with the certification procedure, as follow:

(1) The Election Committee shall determine by audible vote, the validity of each contested ballot. In order for a contested ballot to be deemed valid, a majority of the committee members present must vote in favor of validation.

(2) In determining whether to validate ballots containing marks that are not in conformity with the written voting instructions the committee members shall vote to validate such ballots only when they find that the voter's marking of the ballot clearly and unambiguously indicates the intent of the voter.

(3) All ballots containing markings indicating a vote for more than one candidate in a single position shall be invalidated.

(4) All ballots containing the signature or printed name of the voter shall be invalidated.

(5) The Election Committee shall rule on all contested ballots prior to final certification of the election.

(Section 8-3-104 Amended 2/7/02, Resolution 2002-110)


8-3-105 Oath of Office

(a) The council-elect shall be officially sworn in and seated in the Colville Business Council on the second Thursday in July.

(b) The following Oath of Office shall be administered by the BIA Superintendent of the Colville Indian Agency:

I ____, do solemnly swear and affirm that as an elected representative of the Confederated Tribes of the Colville Reservation and in performing the duties I am about to assume as a member of the Colville Business Council, I recognize and respect and will uphold and defend the Constitution of the Confederated Tribes of the Colville Reservation and to the extent applicable the United States Constitution; that I will work for the best interests of the Confederated Tribes and its members in all matters at all times without prejudice and partiality; that I am bound by and will follow the Council Code of Professional Responsibility and that at all times my conduct will comport with the standards of conduct and behavior befitting a tribal leader as set forth in the Council Code.

(Amended 3/7/96, Resolution 1996-104)
(Certified 11/20/00)


8-3-106 Forms Used in Tribal Election

(a) Schedule of events;

(b) Petition sign-out sheet;

(c) Petition;

(d) Certification of candidates;

(e) Absentee ballot request;

(f) Candidates' furnished postcard;

(g) Tribal Tribune absentee request;

(h) Individual letters;

(i) Official ballot;

(j) Sample ballot;

(k) Change of district request;

(l) Instruction to voters;

(m) Inner-brown (ballot) envelope;

(n) Outer-white (ballot) envelope;

(o) Mailing envelope;

(p) 3x5 card for alphabetical listing of absentee voters;

(q) Inventory of ballot boxes;

(r) Time/mileage sheets for District Election Board;

(s) District Election Board certification of poll vote;

(t) Election Committee certification of poll vote;

(Amended 12/17/98, Resolution 1998-899)

(u) Election Committee/Superintendent certification of election;

(Amended 12/17/98, Resolution 1998-898)

(v) Listing voters by district and year.

(Chapter 8-3 Adopted 2/17/81, Resolution 1981-133)
(Revised 2/6/84)

(February 2003 version of Chapter 8-3)



CHAPTER 8-4 REFERENDUMS

8-4-1 Purpose

On occasion it is necessary to conduct a referendum to determine the wishes of the general membership on a particular subject or action of the Business Council.


8-4-2 Referendum Procedure

The Colville Confederated Tribes shall use the existing General Election Procedures for tribal referendum votes, as established and modified by the Election Committee, of the Business Council, and approved by a majority of the members of the Colville Business Council meeting in special or regular session.

(Chapter 8-4 Adopted 5/16/77, Resolution 1977-725)

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